Backup Documents 12/13/2016 Item #16A43 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO b A
II 3
takk THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 12-13-16
4. BCC Office Board of County 7::>V
Commissioners VS) t2_ (4\\.
5. Minutes and Records Clerk of Court's Office J lot 111 Ot' 3;C5CfrvI
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Andrew Miller Contact Information 239-252-5 1
Contact/ Department
Agenda Date Item was December 13,2016 Agenda Item Number 16A43
Approved by the BCC
Type of Document Interlocal Agreement with the Immokalee Number of Original One
4' Attached Water and Sewer District(the "District")for Documents Attached
Utility work associated with the intersection
improvement project located at Lake
Trafford Road and North 19th Street.
PO number or account N/A
number if document is 313— I(se 3(273_6d92. I
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 12/13/16 and all changes made during SRT
the meeting have been incorporated in the attached document. The County .,
Attorney's Office has reviewed the changes,if applicable. t �,
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the I hl'. :z,,.'il,4
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Ori in9.0 .04,Revised 1.26.05,Revised 2.24.05;Revised 1 /30/12
A or1e. kitc U Co - +0 5 f
d ( Pt_-k,L) oLual--
16A43
INTERLOCAL AGREEMENT
COUNTY PROJECT: Lake Trafford Road at North 19th Street Intersection Project; County
Project#60192.1
THIS INTERLOCAL AGREEMENT, made and entered into this )3 day of
e c c ✓ , 2016, by and between the Collier County Board of County
Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (the
"COUNTY") and Immokalee Water and Sewer District, an independent special district located
in Collier County, Florida(the "DISTRICT").
WITNESSETH
WHEREAS, the COUNTY is planning to reconstruct the existing intersection of Lake
Trafford Road at North 19th Street, designated by the COUNTY as Project No. 60192.1, said
improvements hereinafter called the "Intersection Project;" and
WHEREAS, the DISTRICT owns certain water and sanitary utility systems within,
adjacent to, and in the vicinity of the roadway easement, said utility work and improvements
hereinafter called the"Utility;" and
WHEREAS, the DISTRICT requested the COUNTY to incorporate into the Intersection
project the relocation of a portion of the existing 10" potable watermain and appurtenances that
is currently located within the right of way of Lake Trafford Road and is in conflict with the
COUNTY'S proposed reconstruction of the Intersection; and
WHEREAS, the DISTRICT and the COUNTY are entering into this Agreement for
Design, Construction and Engineering Services to be performed by the COUNTY pertaining to
the planned Intersection and Utility construction work; and
WHEREAS, the COUNTY and the DISTRICT have determined and mutually agree that
it is economically advantageous and in the best interest of the public to enter into this Agreement
to provide for the construction of Intersection and Utility improvements by the COUNTY and to
accommodate the DISTRICT watermain; and
WHEREAS, the DISTRICT accepts the items in the Engineer's Opinion of Probable
Construction Cost, the Utility adjustment plans sheet showing the work to be performed and the
estimated cost, which shall be included in the project's BID (ITB) Price Proposal Page and is
attached hereto and incorporated herein as Exhibit"A;" and
WHEREAS, the COUNTY is agreeable to and desirous and capable of performing,
providing or otherwise undertaking Utility construction and contract administration services for
DISTRICT jointly and concurrently with COUNTY'S construction of its Intersection Project,
and DISTRICT agrees to reimburse COUNTY for the final and actual costs resulting from the
project's BID (ITB), Actual Cost Statement, for the total bid items for the portion of work as
f;Pd in the attached Exhibit"A."
INSTR 5346670 OR 5344 PG 2110
RECORDED 12/16/2016 2:26 PM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Page 1 of 9
COLLIER COUNTY FLORIDA
REC$78.00
9
1 6 A 4 3
NOW, THEREFORE, in consideration of the above premises, and the mutual
covenants, terms, and provisions contained herein, the COUNTY and DISTRICT agree as
follows:
SECTION I: COUNTY'S RESPONSIBILITY
1.0 The COUNTY shall provide and perform comprehensive Utility-related construction and
construction administration services to the DISTRICT for the watermain relocation,
rendered jointly and concurrently with COUNTY's design and construction of the
Intersection Project.
1.1 The following specific services, duties, and responsibilities will be the obligation of the
COUNTY regarding design coordination, construction and contract administration of the
Utility work on behalf of the DISTRICT.
A. COUNTY shall include the watermain design provided by the DISTRICT in the
Intersection Project 60192.1 so as to replace a portion of the DISTRICT's existing
potable watermain (various sizes) and appurtenances currently located
underground within the right of way of Lake Trafford Road and replace it with
approximately 1225 linear feet of watermain (various sizes) and will be relocated
out from under the pavement of the new roadway alignment within the existing
Lake Trafford Road right of way. The necessary and applicable Utility plans and
specifications shall be provided by the DISTRICT.
B. At the time of contract bid, those bid items identified for which the DISTRICT is
responsible shall be subject to DISTRICT's review and approval by the
DISTRICT's representative. COUNTY shall include the Utility work in the
Intersection Project's construction bid to arrive at an actual price to construct the
DISTRICT's Utility work as stated in Exhibit "A," not including COUNTY's
administration fees.
C. COUNTY shall conduct a formal preconstruction conference prior to
commencing with the Utility construction work. The COUNTY will provide the
DISTRICT notice of the preconstruction conference at least five (5)working days
prior to the conference. The DISTRICT's representative may attend this
conference at the DISTRICT's discretion. A copy of the minutes of said
conference shall be submitted to the DISTRICT's contract agent/representative as
identified hereinafter.
D. COUNTY shall coordinate the Utility and Intersection Project work with third
parties such as property owners, land developers, environmental agencies,
contractors, and the like to the extent that such parties have a direct interest in or
are directly affected by said Utility and Intersection Project improvements.
Page 2 of 9
71
". 3
E. COUNTY shall conduct regular construction progress meetings and invite the
DISTRICT.
F. Periodic on-site inspections and construction reviews will be conducted by the
COUNTY or its designee and the DISTRICT to assess the contractor's
compliance with the construction plans and contract documents.
G. The Utility work shall be coordinated with the DISTRICT's utility representative
with respect to keeping the DISTRICT advised of technical, cost, and schedule
impacts upon the Utility work.
H. COUNTY shall confer with public officials of the DISTRICT as deemed
necessary by the COUNTY in order to coordinate work stages between the Utility
improvements and the Intersection Project improvements from a public interest
viewpoint.
I. Periodic Utility field measurements and quantity calculations shall be made by the
COUNTY of Utility work accomplished on an as needed basis for processing of
monthly progress payments to the COUNTY's contractor. The Utility-related
field measurements, quantity calculations and other performance data will be
verified with the DISTRICT's contract agent/representative if so requested by
DISTRICT in writing prior to the COUNTY's issuance of monthly progress
payments to the contractor.
J. The COUNTY shall administer design changes, clarifications, supplements and
other contract amendments that may be necessary during the design and
construction of the Utility improvements. These contract directives to the
consultant and contractor may be in the form of plans, memoranda, reports,
change orders, and supplemental agreements and shall be subject to written
approval by the DISTRICT's contract agent/representative.
The above notwithstanding, upon notification to DISTRICT, the DISTRICT
herein authorizes the COUNTY to prepare, execute, and implement minor change
orders for contract amendments necessitated by actual field conditions at the
Utility project site so as not to delay the contractor's performance and so as to
meet the intent of the approved design for the Utility improvements. Said change
orders shall be issued by the COUNTY in compliance with current County
Purchasing Ordinance procedures, using either existing contract unit prices or
negotiated unit prices for work adjustments within the physical limit of the Utility
work as shown in the construction plans. In no event shall the value of the total
change orders exceed the utility allowance in the BID which is $199,316.34
Dollars as shown in the Actual Cost Statement attached as Exhibit "A."
Additional or extra work which exceeds the above change order authority by
COUNTY shall be submitted for prior review, approval and execution by the
DISTRICT.
Page 3 of 9 110
161443
K. Upon completion of all Utility work, including all work authorized under change
orders and supplemental agreements, the COUNTY shall conduct a final
inspection of the Utility work with the DISTRICT's contract agent/representative
and/or its record engineer prior to COUNTY's issuing final payment to the
contractor.
L. COUNTY shall submit a final Certificate of Completion letter to the DISTRICT
along with an appropriate number of plans detailing the Utility as constructed by
the COUNTY's contractor ("as-built record drawings"); bacteriological test
results as required by FDEP; and, one year warranty for utility work completed.
The final Certification of Completion shall be submitted by the COUNTY's CEI
engineer(AIM Engineering& Surveying, Inc.) to the State of Florida Department
of Environmental Protection and other local and State agencies that govern the
Utility improvements.
M. All contracts entered into by the COUNTY for the design and/or construction of
the Utility facilities shall require the party contracting with the COUNTY to hold
harmless, indemnify and defend the DISTRICT and COUNTY and its
consultants, agents, officers and employees from any and all claims, losses,
penalties, demands, judgments, and costs of suit, including attorney's fees and
paralegal's fees, or any expense, damage, or liability incurred by any of them,
whether for personal injury, property damage, direct or consequential damages, or
economic loss, arising directly or indirectly on account of or in connection with
the work done by the COUNTY's consultant or contractor pertaining to the design
and construction of the Intersection and Utility or by any person, firm or
corporation to whom any portion of the Intersection and Utility work is
subcontracted by the COUNTY's consultant or contractor.
N. COUNTY shall obtain all necessary permits to do the work.
O. COUNTY shall take ownership and properly dispose of all removed materials.
SECTION II: DISTRICT'S RESPONSIBILITY
2.0 The DISTRICT shall provide and perform project support duties as defined below to
ensure that COUNTY is able to furnish construction and contract administration services
to the mutual satisfaction of the DISTRICT and COUNTY, and other governing agencies
that have jurisdictional control over the Utility improvements.
2.1 The specific project support duties and responsibilities enumerated below shall be the
obligation of the DISTRICT.
A. The DISTRICT shall provide the Utility design documents, inspect the work as
necessary, and review and approve the as-built record drawings which will
Page 4 of 9
O
represent and depict the Utility as constructed by the COUNTY's contractor. The
DISTRICT's approval with respect to any of these matters shall not be
unreasonably withheld.
B. The DISTRICT herein agrees to assign a contract agent/representative to the
Utility project for the entire design and construction period and notify the
COUNTY in writing so that the COUNTY may effectively coordinate its services
with the DISTRICT. The DISTRICT's contract agent/representative shall also act
as the DISTRICT's contract authority under the provisions of this Interlocal
Agreement. The COUNTY shall provide written notice of all meetings pertaining
to this project at least five(5)working days prior to the meeting.
C. The DISTRICT shall assign a Utility project coordinator for the purpose of
coordinating, resolving, and communicating construction issues at the field level
with COUNTY's resident construction engineer. The DISTRICT shall
appoint/designate the project coordinator in writing to the COUNTY prior to
COUNTY's commencement of design coordination, construction, and contract
administration services herein. The DISTRICT's contract agent/representative
and/or the DISTRICT's project coordinator shall attend periodic construction
progress meetings with and between the COUNTY and the contractor,
subcontractors and utility companies with direct or indirect interest in the
provisions of this Interlocal Agreement.
SECTION III: MUTUAL COVENANTS
3.0 The DISTRICT shall not be responsible for, nor shall the DISTRICT dictate upon the
COUNTY, construction means, methods, techniques, skills, sequences or procedures of
construction relating to Intersection Project improvements. The above responsibilities
during construction shall remain with the COUNTY's contractor and/or the contractor's
subcontractors subject to the conditions and responsibilities set forth in this Interlocal
Agreement and in Exhibit"A."
3.1 The DISTRICT shall not be responsible to the COUNTY should the COUNTY fail to
comply with OSHA Safety and Health Standards (29 C.F.R. 1926) as authorized by the
U.S. Department of Labor, Occupational Safety, and Health Administration, said
responsibilities to be that of the COUNTY's contractor and/or the contractor's
subcontractor.
3.2 The COUNTY's Transportation Engineering Department Director, either directly with
the DISTRICT or through a duly authorized representative assigned to the Intersection
Project and Utility project by him, shall act as the COUNTY's contract manager under
this Interlocal Agreement. As the COUNTY's contract manager under this Interlocal
Agreement, the Transportation Engineering Department Director shall also have the
authority with prior written approval of the DISTRICT to extend the limits and/or scope
Page 5 of 9
CS,�,
1 6 gi
3-
of Utility construction work; subject to the COUNTY's Purchasing Ordinance and
approval as required by the Collier County Board of Commissioners.
3.3 The COUNTY shall provide the DISTRICT with four (4) sets of the approved
construction plans and contract documents for the Intersection Project work prior to
commencement of construction activities by the COUNTY's contractor. The above
materials shall include the COUNTY's executed construction contract for the Intersection
Project. The DISTRICT shall pay the COUNTY the Actual Cost Statement within thirty
(30) days of the completion of the entire project.
SECTION IV: AGREEMENT TERMS
4.0 This Interlocal Agreement shall remain in full force and effect from the date first above
written and shall terminate upon the completion of all services and responsibilities
mutually performed by the DISTRICT and by the COUNTY to the written satisfaction
each to the other. It is understood that the actual termination date herein may occur on or
about the date of final approval and acceptance of all Intersection Project improvements
by the COUNTY and subject to construction contract warranty provisions. This date is
contemplated to be subsequent to the actual date of final approval and acceptance of the
Utility improvements by the DISTRICT and following payment by the DISTRICT to the
COUNTY.
4.1 The Intersection shall be maintained by the COUNTY or its assigns with respect to
roadway and drainage improvements and by the DISTRICT, with respect to utilities
within the COUNTY's public easements and/or rights-of-way.
4.2 The COUNTY may terminate this Interlocal Agreement prior to the completion of the
Utility work upon thirty (30) days prior written notice to the DISTRICT. In the event of
such termination, the COUNTY shall be entitled to receive due compensation for the
value of services rendered, construction performed, and termination costs as actually
incurred.
SECTION V: INSURANCE
5.0 The DISTRICT and the COUNTY shall maintain insurance in the minimum amounts and
types as required by Florida State Statutes.
5.1 The DISTRICT and the COUNTY agree that both parties are partially self-insured. Each
shall provide to the other evidence of insurance in excess of the self-insured retention.
5.1 Nothing in this Agreement shall operate as a waiver of the sovereign immunity afforded
to the parties as provided in Section 768.28, Florida Statutes.
Page 6 of 9
� V
SECTIONVI: MISCELLANEOUS
6.0 This Interlocal Agreement shall be governed by and construed under the laws of the State
of Florida. In the event any litigation is instituted by way of construction or enforcement
of this Interlocal Agreement, the party prevailing in said litigation shall be entitled to
collect and recover from the opposite party all court costs and other expenses excluding
attorney's fees. Venue is in Collier County, Florida.
6.1 It is understood that this Interlocal Agreement must be executed by both parties prior to
the DISTRICT and the COUNTY commencing with the work, services, duties, and
responsibilities described heretofore.
SECTION VII: DISPUTE RESOLUTION
7.1 The parties recognize that they are entities subject to dispute resolution procedures set out
in Chapter 164, Florida Statutes.
7.2 In the event of a dispute between the parties concerning this Agreement, the COUNTY
and the DISTRICT agree to attempt to resolve the dispute as expeditiously and
inexpensively as feasible. Specifically, their respective staffs will meet within ten (10)
days of provision of notice of the dispute and attempt in good faith to resolve the dispute.
They may jointly agree to a mediator to expedite and effectuate a resolution. If they are
unable to agree upon a mediator,within ten (10) days thereafter,they shall jointly request
the Chief Judge of the 20th Judicial Circuit to appoint a mediator qualified in construction
law to mediate the dispute in accordance with the court's pre-suit mediation procedures.
The mediation shall occur within ten (10) days after the mediator is appointed. If the
dispute cannot be resolved at this level, the Chapter 164 remedies shall be available.
Each party shall pay equally in the cost of the mediation.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed by their appropriate officials, as of the date first above written.
Page 7 of 9 /�")
I 6 A
I
, 3
AS TO THE COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. $ROCK, CLERK COLLIER COUNTY, FLORIDA
;a s.. r
jaff;&
y
1
By: X1/114°
Attest as' tp thtionitescierk Donna Fiala, Chairman
,;;r i)2'dure on y.,ti.
Approved as to form
le ality:
\ '
ft4t)L____
o
5`e4tt R. Teach
Deputy County Attorney
Page 8 of 9 ��
F(: p
16443
AS TO THE IMMOKALEE WATER AND SEWER DISTRICT:
ATTEST: IMMOKALEE WATER AND SEWER DISTRICT
By: By: r-
///'
Eva J.Deyo, ' ecutive Director
Approved as to form
and legal sufficiency:
Kenneth K. Thompson, Escl�� �
District Attorney
Page9of9